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Fundementals of policing
Unit-I
Introduction
• The word ‘police’ is derived from Greek word politeia or
its Latin equivalent politia meaning ‘State’ or
‘administration’. According to Ernest Fround, police
functions generally relate to promoting public welfare by
restraining and regulating the use of property and liberty
of person.
• Present day police is an important functionary of criminal
justice system in India. Primary role it has been playing
since times immemorial is of order maintenance.
• Though with the advent of codified laws and regulations, the
nature and specificity of their roles are undergoing vast
changes where one can see its movement towards service style
of policing though retaining its traditional role of order
maintenance.
• With the system which existed in Mughals era (16th and
19th)somewhat retained during imperial rule of British in India
where first time police as an organized structure emerged after
the enactment of Police Act 1861.
• Nevertheless it was seen as mere tool of then government for
keeping control over people and mere protecting the imperial
interest of the British rulers of that time.
• India being an important trade market for them thus the
concern of collecting revenues, keeping the trade route safe
was of consideration only, nowhere mandate of serving the
common man was ever into consideration.
• Since changing time, globally when democratic policing and
Peel’s concept of policing became popularized, India still was
having a police to mere fulfill the imperial interest.
History of Indian police
The Ancient history of India and the police force:
• There are references to the existence of police system in
Mahabharata and Ramayana.
• The renowned person in his writings emphasized the need of
police force for maintenance of law and order.
• The ancient history of India further reveals that there was a
well-organized police force during the reigns of ancient Hindu
rulers.
The Gupta Dynasty:
• The Gupta Dynasty(4th – 6th) of ancient India was known for
its excellent law and order situation through a well organized
system of police.
• “Mahadandadhikari” was the chief of police force who was
subordinated by various subordinates called “Dandadhikari”.
• Deterrent punishment kept the law and order under control.
There were separate branches of detectives working under
police establishment called the “Guptachars”.
• The work of Koutilya, “The Arthashastra” which describes
that the law and order were maintained through threat of
punishment like mutilation of limbs and death penalty.
• The responsibility of law and order maintenance was entrusted
upon the village headman who was assisted by village
watchman.
• Besides keeping watch over the law and order situation in
village, these watchmen were suppose to report to the
headman, the arrival and departure of all strangers and
suspicious persons.
The Mughal Era:
• A more elaborate and formal policing system was
established by the Mughals during their long reign lasting
three centuries. There are various texts which mentions
that there was a change in scenario with the advent of
Turk and Mughal rule in India.War was common in those
times.
• Right from the invasion of Mahamood Ghaznavi to the
exile of Bhahudur Shah Zafar, India remained under the
dominance of Mughals or Turks.
• Their main objective being their dominance in the country
through centralized military administration, in such
circumstances there was hardly any need of police
organization.
• However they maintained the policing activities with the help
of military personnel’s. The origin of police system in India
can be traced back to what existed during the Mughal era in
seventeenth century.
The British era:
• The enactment of legal codes was initiated in 1609 when
Captain Hawkins, trader for East India Company landed at
Surat, it is believed British first came to India.
• Eventually almost after more than a century the Company
began to play a role in the processes of government. British
came with intent to compete for the trading concessions, to lay
down its commercial establishments, and to strive for favors at
the courts of then rulers including Mughals.
• It is believed that the interloping British possessed sufficient
force of defeat local rulers; though they required stability,
nevertheless they were competent enough to provide the same
for themselves.
• So the British began to move into the empty space created by
the gradual dissolution of the Mughals Empire.
• For the better understanding of this era we may divide
subsequent history in following way:-
1. 1757 to 1858, Battle of Plassey to Government of India Act.
2. 1858 to 1947, Government of India Act to independence.
The Revolt of 1857:
• It is the conscious beginning of independence struggle against
colonial rule of British. The mutiny broke out in 1857,
shocking the British into full realization of the responsibilities
of imperial domination in such a vast territory.
• Subsequently, the Government of India Act was passed in
1858, which abolished the proud Company and transferred the
governance of India to the Queen in Parliament.
• Subsequently the legal codes were enacted: The Code of Civil
Procedure, The Indian Penal Code in 1860, Indian Police Act
in 1861 and the Code of Criminal Procedure in 1973.
• Finally in 1860 A Police Commission was appointed for the
purpose studying then police needs of country and government
as a result of deliberations held by this commission the Police
Act of 1861 came into being.
The Police Commission of 1860:
Under the Commission, the following were the main principles of
organization of police:-
1. Elimination of military police and thereby establishment of a
civil constabulary:
2. Separate administrative civil police establishment in each
province, headed by IGP – Inspector General of Police (The
post of IGP was not established in Bombay presidency until
1885).
3. The IGP was made responsible to the provincial government
and Superintendent was made responsible to civilian
collector.
4. The work of Superintendent was to supervise the village
police.
• These principles of the Police Act were neither revolutionary
nor novel. They were mere extension to arrangements already
found useful in several areas.
• The daroga(chief officer), for example didn’t disappear, he
became the sub-inspector of police.
• With no doubt one can say there were few questions behind
such principles, like what should be the relation between
imperial and rural police and how should imperial police
administration are coordinated with other functions of imperial
authority.
Police administration concepts
Hierarchy, Ranks and Files
• Police officers are civil servants empowered to
implement the law, ensuring public peace through the
regulated use of force, and they also play a pivotal
role in running and supporting the country's judicial
system.
• According to the 7th Schedule of the Indian constitution, law
and order is a state subject. Based on that, the hierarchy and
terminology of police officers vary from state to state.
• Some states employ the police commissioner system, while
others use the traditional directorate system. The conventional
hierarchy of the state police force and the insignia of their rank
in India are:
• Any organization in which someone has authority over
someone else is a hierarchy. Most organizations are hierarchial
in some respect or the other, some are more hierarchial than
the others. The elements of hierarchy are;
1. Superior – subordinate
2. Rights and responsibilities to command.
3. Rights and responsibilities to make decisions and take
actions.
4. If superior has the power to command subordinate, it follows
that the superior has the rights as well as responsibilities to
command the subordinates and also the right to make
decisions and take actions .
• Director general of police (DGP)
• Additional director general of police (ADGP)
• Inspector general of police (IGP)
• Deputy inspector general of police (DIG)
• Senior superintendent of police (SSP)
• Superintendent of police (SP)
• Additional superintendent of police (ASP)
• Deputy superintendent of police (DSP)
• Inspector
• Sub-inspector (SI)
• Assistant sub inspector (ASI)
• Head constable (HC)
• Police constable
• Director general of police (DGP): Crossed sword,
baton and state emblem.
• Additional director general of police
(ADGP): Crossed sword, baton and state emblem.
• Inspector general of police (IGP): Crossed sword,
baton and one star.
• Deputy inspector general of police (DIG): State
emblem and three stars.
• Senior superintendent of police (SSP): State
emblem and two stars.
• Superintendent of police (SP): State emblem and
one star.
• Additional superintendent of police (ASP): State
emblem
• Deputy superintendent of police (DSP): Three stars
• Inspector: Three stars and a ribbon ½" in width, half
red and half blue, worn horizontally, red colour facing
the stars
• Sub-inspector (SI): Two stars and a ribbon ½" in
width, half red and half blue, worn horizontally, red
colour facing the stars
• Assistant sub inspector (ASI): One star and a ribbon
½" in width, half red and half blue, worn horizontally,
red colour facing the stars.
• Head constable: Three stripes on the upper part of
the arm sleeve
• Police constable: Police constables do not have any
insignia.
1. Director general of police
• Salary: The salary of DGP is ₹2,25,000 per month plus
allowances.
• Primary duties: The DGP is the head of the police
department. They advise the government in police force
administration and make rules and orders under police
acts. They are the central authority to direct actions
important to control widespread strikes, movements of
people, protests or political movements.
2. Additional director general of police
• Salary: The initial salary of ADGP is ₹2,05,400 per month
plus allowances.
• Primary duties: The ADGP assists the DGP and takes over
their responsibilities in their absence. They advise the DGP in
the matter of crime, management, law and order, technical and
specialised services in the department. The state government
defines the functions, powers and responsibilities of the ADGP
based on the standard rules. They inspect all the units under
their charge.
3. Inspector general of police
• Salary: The initial salary of the IGP is ₹1,44,200 per month
plus allowances.
• Primary duties: The IGP works in ranges or units and
supports the DGP or ADGP. They assist DGP and ADGP in
administrative matters that come within the purview of the
department units under their charge. The IGP can practice all
the financial and administrative powers entitled to the
department head. They inspect all the units under their charge
as per the instructions of the DGP.
4. Deputy inspector general of police
• Salary: A DIG earns ₹1,31,100 per month plus other
allowances as their initial salary.
• Primary duties: While the IGP is in charge of the zone, the
range is under the charge of the DIG. In this case, the
responsibilities of the DIG are similar to the IGP. If the DIG is
in charge of special units, they can assist the DGP, ADGP or
IGP in matters which come under the range of their
jurisdiction.
5. Superintendent of police
• Salary: The SP gets ₹78,800 per month plus allowances
as their initial salary.
• Primary duties: The SP fully oversees the administration
of police throughout a district. They maintain cooperative
relations with the magistracy and other officials and non-
officials. They are essentially responsible for collecting
information and taking appropriate action to maintain
security at a local level. The SP maintains a diary, which
includes the details of all of their movements and duties
they perform, either routine or otherwise.
6. Additional superintendent of police
• Salary: The starting salary of the ASP is ₹67,700 per month
plus allowances.
• Primary duties: The ASP assists the SP. In some cases, the
standing orders by DGP with government approval define the
duties, responsibilities and powers of the ASP. They usually
work under the guidance of the SP.
7. Deputy superintendent of police
• Salary: The initial salary of the DSP is ₹56,100 per month
plus allowances.
• Primary duties: The DSP works under the guidance and
supervision of the SP. The DSP visits crime scenes and
oversees their investigation. They also instruct the inspectors
and the sub-inspectors to assist in the investigations.
Maintaining the daily diary, including details of the
movements and duties they perform is an important part of
their job. They usually send the weekly report to the SP and
the range DIG.
8. Inspector
• Salary: An inspector earns ₹44,900 plus allowances as their
initial salary.
• Primary duties: The prime responsibilities of the inspectors
are investigating cases and overseeing the functioning of their
stations. They maintain discipline among police administration
under their charge and update the SP and DSP about the
situation of law and order and the status of their circle. They
thoroughly inspect the police stations of their circle once a
year.
9. Sub-inspector
• Salary: The initial salary of an SI is ₹35,400 plus
allowances.
• Primary duties: The SI is responsible for preventing
crimes, maintaining peace, arrest suspicious characters,
investigating crimes and executing assigned orders by
seniors. They are in charge of a police station and oversee
the police administration under their charge. It is their
responsibility to maintain the decorum of the police
station and to make the police station accessible. Sub-
inspectors also assign duties to their junior staff and
oversee their performance. They are the lowest-ranking
officials empowered to file a charge sheet in court.
10. Head constable
• Salary: The starting salary of a head constable is ₹25,500
plus allowances.
• Primary duties: Head constables are in charge of general
duty in police stations, as station writer, officer-in-charge
of outposts and guards and armed reserves. They work
with constables and assist them in understanding the
instructions and perform the duties assigned by the SI.
Head constables assist the team leader during case
investigations and help in collecting evidence. When SI is
absent, head constables allot duties to police constables.
11. Police constable
• Salary: The starting salary of a police constable is
₹21,700 plus allowances.
• Primary duties: The police constables are the most
accessible and the first person to interact with the public.
They are responsible for protecting the needy, arrest
offenders, saving people from danger, and providing
immediate public help. Some of their important duties are
securing the community, stopping peace infringement,
actively preventing and detecting crimes and maintaining
law and order. The constables make efforts to save people
and properties and do their assigned duties in gatherings,
fairs, protests, elections and security duties.
• Badges for ranks: The Indian Police Service (IPS) uses
insignia on its shoulder flashes which are similar to those used
by the Indian Army. Since Police Inspectors and officers below
this rank are recruited by states individually, the insignias vary
slightly though the rank structure is the same. For example,
Maharashtra Police constables use Yellow Epaulet on blue
background for Constable Ranks while Tamil Nadu Police
uses Black Chevrons on red background on right sleeve.
Police Power and Authority
(The Police Act 1861)
• The police have powers that ordinary citizens do not have. For
example, a police officer may ask to see a person’s identity
documents while conducting drink-driving checks. Officers
may also break certain traffic rules if they need to. The police
are allowed to use force if necessary.
Independent or authorised use of powers
• Police powers are governed by strict rules. A police officer is
entitled to exercise some powers independently, for instance
making an arrest or using a siren in traffic.
• More far-reaching police powers can only be used after
authorisation has been obtained from the public prosecutor or
an examining magistrate.
• These include phone tapping, surveillance and home searches.
Use of force
• The police are one of the few authorities entitled to use force,
although many rules and conditions apply. For instance, police
officers can use force only as a last resort, and the force used
must be no more than is necessary.
Exemption from traffic rules
• The police are entitled to breach traffic rules if this is
necessary for the performance of their duties, as they are
exempted from most of the articles of the Traffic Rules and
Signs Regulations 1990. This means that officers are permitted
to:
• drive through red lights
• use the hard shoulder
• exceed the speed limit
• drive on the wrong side of the road.
Investigative powers while in plain clothes
• The police have investigative powers that they can use at any
time of day or night. This means that police officers can
exercise their police powers while off duty, even when in plain
clothes (if not in uniform).
• Police officers in plain clothes are obliged to provide proof of
their identity without having to be asked. If someone wearing
ordinary clothing says that they are a police officer, they must
show you their police identification card without being asked.
Police officers in uniform only have to show proof of identity
if you ask them to.
Definition of police authority
• The police authority is the power vested in police officers and
the police as an institution to enforce criminal law and
preserve the public peace. Policing is a mandate of states,
which is supposed to ensure that the health, safety, morals, and
welfare of the inhabitants of a particular state in the United
States are sustained for the benefit of everyone.
• Through laws, states allow their police divisions to accomplish
their missions of ensuring the safety, order, and peace of
everyone prevails.
• The authority of police emerged from common law, where
order prevails when people can use their rights, belongings,
resources, and opportunities without hurting or preventing
others from doing the same.
• Police authority varies according to the state where it is
applied. For example, police professionals serving in the New
York Police Department cannot exercise their authority in the
Los Angeles Police Department, unless there are joint
programs being carried out by the policing institutions of the
two states.
• In many states, police professionals have the permission to
exercise authority to investigate criminal offenses that occur
anywhere within a particular state.
• They serve as the overall power to stop illegal activities and
must accomplish their mandate of investigation using all the
resources available to them.
• The police authority to search and arrest is possible without a
warrant when there is probable cause for making a lawful
arrest.
• The police authority to arrest refers to the lawful seizure of one
person by a police officer or a law enforcement officer under
circumstances that are permitted by the law.
Span of control
• In Public Administration, span of control refers to the number
of subordinates whom an officer can effectively control.
• It also means the number of subordinates an officer can direct.
It may be also said, that the span of control means, simply, the
number of subordinates or the units of work that an
administrator can a personally direct.
• The origin of the span of control terminology is attributed to
British General Sir Ian Standish Monteith Hamilton
(1853‐1947).
Importance of span of control
• The problem of span of control is a natural extension of the
principle of hierarchy system.
• As we know earlier, hierarchial organization involves a
number of tiers or steps one above the other in an organization,
each step being headed by a single person.
• How many such levels an organization should have depends
upon the total number of employees at the bottom to be
supervised and the number of subordinates each superior
officer can effectively supervise.
• This shows that there is a close relationship between hierarchy
and span of control.
• If a superior officer is expected to control a large number of
persons than he can actually control, the result is delay and
inefficiency. The quality of the work of an organization
depends upon effective control and supervision.
• Hence, there is a strong need for the principle of span of
control. No organization can ignore it. If the exceeds the
capacity of an individual. it results in the breakdown of the
organization.
1 Inspector General of Police
|
6 Deputy Inspectors General of Police
|
32 Superintendents of police
|
160 Deputy Superintendents of Police
|
800 Inspectors of Police
|
4000 Sub-inspectors
|
20,000 Constables (distributed in groups of 5 among 4.000
police .. stations each under a sub-inspector)
Unity of Command
• Unity of command is a classic principle of management that is
used in many hierarchical organizations, such as the military,
government agencies, and corporations.
• Unity of command holds that an employee should only be
answerable to one person. In other words Unity of command
provides that an employee is responsible to only one
supervisor, who in turn is responsible to only one supervisor,
and so on up the organizational hierarchy. This is true even if
the top of the organization is led by a group of people.
• This principle states that an individual should get orders from
a single superior so that he does not get confused and can
discharge his duties effectively.
• Police organizations, like all organizations, rely on distinctive
structural forms and management processes to maintain
accountability.
• Characteristically, their structures are centralized with
functionally defined bureaus, and their management processes
emphasize preservice training and elaborate command and
control mechanisms.
• In many respects, police organizations have typified the
classical command and control organization that emphasizes
top-level decision making: flow of orders from executives
down to line personnel, flow of information up from line
personnel to executives, layers of dense supervision, unity of
command, elaborate rules and regulations, elimination of
discretion, and simplification of work tasks.
Recruitment and Training
• Recruitment to the state police is done generally at three
levels - Constable, Sub-Inspector/Asst. Sub Inspector and
Deputy Superintendent of Police.
• In addition, there is recruitment to the IPS at the level of
Assistant Superintendent of Police. Since Police Constable is
the lowest rank in the force, recruitment to this rank is done
directly. For the other ranks, vacancies are filled either by
direct recruitment or by promotion.
Educational Qualifications:
• For recruitment to the rank of Constable, most states have
prescribed High School as the minimum educational
qualification, though in some states like Bihar, Nagaland and
Tripura, even primary or middle class passes as the minimum
standard of qualification.
• The Committee on Police Training (1973) had recommended
the High School examination or its equivalent to be the
minimum qualification for recruitment to the rank of constable
both in the civil and armed branches. The National Police
Commission (NPC), 1980 had endorsed this recommendation.
• However it is evident that some states have not implemented
these recommendations. The minimum educational
qualification for recruitment to the level of Sub-Inspector and
Dy. SP is generally graduation in many states, except in the
states of Andhra Pradesh, Arunachal Pradesh, Sikkim and
Tripura.
Age Limit:
• The National Police Commission (NPC) had recommended
that the minimum age for a constable’s recruitment should be
17 years and the maximum 21 years. These recommendations
too have not been implemented in most states.
• The minimum age limit is 18 years in almost all the states and
the upper age limit for general category candidates ranges
from 20 to 27 years.
• There is considerable variation in states about the age
prescribed for recruitment to Sub-Inspectors.
Physical Standards:
• There are variations in physical standards prescribed for
recruitment.
• Generally for Constables, the minimum height is in the range
of 165cm (5’ 5’’) to 170.18cm (5’ 7’’), with relaxation of 2 cm
for persons belonging to hilly and tribal areas.
• The minimum chest measurement is generally 78.70 cm (31’’)
unexpanded and 86.3cm (34’’) expanded.
Process of Recruitment:
• Constables are recruited on a district/battalion basis.
Recruitment is generally made by a Board presided over by the
District SP or the Commandant of an armed police battalion.
• In some states such as Rajasthan and Tamilnadu, the selection
board is headed by an officer of the rank of a DIG or IG.
• The selection process involves physical measurement,
efficiency test, written examination, interview, medical
examination and police verification.
• Usually the State Public Service Commission centrally recruits
Sub-Inspectors.
• The procedure involves passing a physical efficiency test and
a written examination followed by a mental ability test and an
interview.
• Recruitment to the post of Deputy Superintendent of Police is
made through a written examination followed by an interview.
• The Commission prepares a list of candidates in order of merit
as determined on the basis of marks obtained and sends it to
the government.
• Recruitment to the Indian Police Service is done on the basis
of a combined examination conducted by the Union Public
Service Commission for all India and other allied services.
• A preliminary test is first conducted, which results in weeding
out a large number of candidates.
• Those who qualify are allowed to appear in the main
examination. The successful candidates are then put through a
personality test at the time of interview.
• A final list is prepared on the basis of performance in the main
examination and in the interview.
• Recruitment of Sub-Inspectors and Dy. SP is done both by
direct recruitment and by promotion.
• The quota for direct recruitment again differs from state to
state, but generally it is 50%. Direct recruitment to the IPS is
done only to the extent of 66 & 2/3% of the cadre strength and
33 & 1/3% of the posts are filled by promotion of officers
from the State Police Service cadre.
Training:
• Most states have their police training colleges or academies
that impart training to directly recruited Sub-Inspectors and
Deputy Superintendents of Police and training schools for the
training of constabulary.
• In addition, most central police organizations have established
their own training institutions, which organize not only basic
training for their officers but also specialized courses for them
and for others.
• There are three Central Detective Training Schools under the
Bureau of Police Research and Development, which organize
special courses to train investigating officers in advanced
scientific methods of investigating crimes.
• The National Institute of Criminology and Forensic Science
under the Ministry of Home Affairs, Government of India runs
training courses not only for police and forensic science
personnel, but also for officers from other agencies of the
criminal justice system. Four types of training courses are
organized by police training institutions. These include:
1. Basic induction level courses for fresh recruits.
2. Pre-promotion in-service courses for those about to be
promoted.
3. Refresher courses.
4. Specialized courses (CHRI Report).
• The Government of India constituted the Committee on Police
Training on November 10, 1971. This body also came to be
known as the Gore Committee on Police Training, as
Professor M.S. Gore, a famous Indian social scientist and
former Director of the Tata Institute of Social Sciences
Bombay, was its chairman.
• In addition, Mr. M.M.L. Hooja, the former Director of the
Intelligence Bureau, was Vice Chairman, along with nine
members, including eminent police officers, academicians and
bureaucrats.
• Its Member Secretary was Dr. A. Gupta, the first Director of
the Bureau of Police Research and Development, Ministry of
Home Affairs, Government of India.
• The recommendations made by the Committee covered a
broad range of issues involving the need to:
1. impart necessary knowledge and skills
2. create the right attitudes
3. generate effective decision making ability
4. stimulate critical and innovative thinking
• The main thrust of the Committee's recommendations was
towards enlarging the content of police training from law and
order and crime prevention to a greater sensitivity and
understanding of human behaviour, and imbibing of
communication skills and development of attitudes that
promote service oriented activities.
The Police Act 1861:
• This Act applied to all the parts of British India except
Bombay and Madras, since these two provinces had
police acts almost similar to the Central Act (Indian
Police Commission, 1902-1903.
• It is believed to be the very first Act which made an effort
to organize Indian Police, thereby making it more
effective instrument for the detection and prevention of
crime in accordance with the preamble of the Act.
• Certain Provisions relating to public nuisances, like
controlling of traffic, prevention of cruelty to animals and
health hazards etc were incorporated in the Act (Sec 21,
24 and 30 of the Police Act 1861).
• The Police Act was like a legal backbone of the police system.
• Apart from stipulating the organizational structure and
hierarchy of the police force, it clearly mentioned that ‘the
entire police force established under a State Government shall,
for the purpose of this Act, be deemed to be one police force
(Article 2 of the Police Act 1861), meaning thereby that the
police would be organized at the levels of states or provinces.
• It clearly reflected that the very framework or the mindset,
with which the Act was stipulated, had only the element of
order maintenance, crime control and surveillance. Nowhere
was it felt that there was the need of involving community in
policing in any way.
• IPC evidently prioritized any resistance against politics as a
serious offence.
• Article 4 of the Act states that ‘the administration of the police
throughout the province shall be vested in the IGP, assisted by
the Deputy Inspector General of Police and the Superintendant
of Police (SP).
• As it explicitly stated, the organization of police, and thereby
recognition of higher organization, and the crucial aspect of
investing of all administrative powers in this part of the
organization placing the centre of the command, control and
decision making at the top which was indeed staffed by only
the British officers.
• Till 1921, no Indian was permitted to serve in this
commanding position, though Indians in large numbers
constituted the lower ranks of the police, and small number of
Indian were employed in some supervisory positions.
• However, the key positions like IGP, DIG, and SP of the
districts were sole preserve of the British officers.
• Though, Police Commission of 1860 had seen no reason for
the creation of separate detective/intelligence branch, the
setting up of the Indian National Congress 1885 at the time of
growing communal tension and anti-colonial opposition, led to
the formation of intelligence agency for collection of political,
social movements and organized crime.
• The Madras police in 1888 set up a special branch with wide
ranging duties. Also several attempts were made to regularize
recruitment, payment and duties of the village police,
beginning with the Village Chowkidari Act of 1870.
• Eventually the power of the panchayats was gradually shifted
to superintendent and the district magistrate.
• In 1902 Lord Curzon, Viceroy of India, set up a new police
Commission, it found loads of criticism in then existing police
system.
• It strongly endorsed the organizational principles discussed in
1861.
• The stinging judgments of police commission of 1902 actually
hide several remarkable accomplishments.
• Establishment of “Chemical Examiners’ Department of the
Punjab, and later on other provinces was the precursor of
modern forensic science laboratories. Finally the fingerprint
technology also developed in India by an IGP in Bengal, Sir
Edward Henry.
National Police Commission
Police reforms National Police
Commission recommendations (NPC)
• The National Police Commission, was established in
1977. It has been the most significant attempt to change
India's police system.
• On November 15, 1977, the National Police Commission
India was formed with an aim to improve the role and
duties of the police. On November 26, 1977, Shri C.V.
Narasimhan took over as Member Secretary of the
Commission. Its goal was to investigate police issues and
develop a thorough national review of the police system.
The commission’s terms of the rules and regulations were
exceptional, touching on most facets of police
enforcement.
Reports of NPC
First Report
• The first report of the national police commission covers
Complaints about police officers.
• Any setup for reporting concerns against police must be
deemed fair by the police and the public administration.
• As a result, the Commission proposed provisions that included
investigations undertaken by departmental officials, including
the services of an independent jurisdiction outside of the
police.
• In addition, the Commission recommended mandatory judicial
inquiry for some severe complaints and allegations of police
officials, including:
• death or severe hurt to a person in police custody.
• rape of a woman in the police custody
• death of more than two individuals due to police firing with
dispersing of unlawful gatherings and assemblies.
Second Report
• The Appointment of the Criminal Justice Commission is
discussed in the Second Report.
• As per the NPC, the officers cannot accomplish successful
results in their work until all wings of the criminal justice
system work effectively at the same time.
• As a result, it is necessary to establish a body that would
exhaustively evaluate the progress of all departments and
implement remedial steps as needed.
• The report discusses welfare measures for police families,
police roles, duties, powers and responsibilities, maintenance
of crime records and statistics, political interventions, transfer
and suspension orders, and chief police selections.
Third Report
• The third report makes recommendations for the police
concerning the weaker sections of society.
• The NPC has suggested that a special investigation department
be established in the police force to track the performance of
investigations into cases under the Protection of Civil Rights
Act and other atrocities against Tribes and Scheduled Caste in
this report.
• This report discuss about police and weaker sections, village
police, corruption in police, economic offences, modernisation
of police, writing work in police.
• The two integral points under this report are:
1. Prevention of the possible breaching of public peace and law
resulting from the no-action against the alleged complaint
about any non-cognizable offence.
2. To provide adequate protection to the people of a weaker
section from injustice and exploitation.
Fourth Report
• The National Police Commission’s fourth report includes the
FIR registration, even if the crime has taken place outside the
respective jurisdiction or not.
• If required, the FIR reports can further be transferred to the
concerned police station.
• It is necessary to report the statements of the witnesses and use
them as a mandatory record in any investigation.
• Returning the stolen property to the victims and empowerment
to investigate the simplified cases in the form of compound
cases have a special mention in the fourth report of NPC
• In the fourth report of the NPC, the intimation for arrest,
attendance of a witness, controlled regulations for using third-
degree methods, investigation, court trial, prosecuting agency,
industrial disputes, special legislations, prohibition and regular
court inspections are the primary notified aspects.
Fifth Report
• This report declares that the recruitment of police officers
including constables, to the officers of the Indian Police
Services (IPS), must comprise a two-level procedure.
1. In the recruitment process, the psychological testing of the
candidates is mandatory at each level.
2. In addition to this, the regular evaluation of the physical
training of the selected candidates is necessary.
• The report also states that the role and responsibilities of the
district magistrate as a chief coordinating authority is to
control and direct each activity of police activity in the specific
jurisdiction.
• The reinforcement and inclusion of women’s police
authorities in a complex investigation are mentioned in the
fifth report of NPC.
• The fifth report also mentions mandatory transparency in all
the police activities except certain secret operations and
judicial requirements, recruitment process, training, code of
behaviour for police officers, police-public relations.
Sixth Report
• The National Police Commission of India’s sixth
report mentions assessing officers’ promotion in constant
intervals and establishing IPS cadres in paramilitary and other
associated organizations.
• It also mentions prior reservations for minorities and weaker
sections in the police force to strengthen their position in
society.
• This report includes police leadership, training and career
developmet of IPS, police and students, communal riots, urban
policing.
Seventh Report
• The seventh report mentions the standards and norms of the
police station regarding its jurisdiction.
• The report also mentions the establishment of the Central
police Committee, enactment of regulatory laws for armed
police forces, and structuring all Indian Police institutes,
organisation and structure of police, state armed police and
district armed reserve, delegation of financial powers of
police, traffic regulation, ministerial staff and administrative
work in police department.
Eighth Report
• The final report mentions the accountability of the police
officials and the withdrawal of protection under specific acts.
It elaborates the enactment of the model police act and detailed
guidelines for the police to meet requirements.
Functions and Responsibilities of National Police Commission
(NPC)
• The following are the powers and functions of the National
Police Service Commission:
1. Recruiting and appointing people to hold or act in positions
in the police force.
2. Verify appointments and make decisions about transfers and
promotions within the NPC.
3. Undertake any other duties mandated by national legislation.
4. Maintain disciplinary control and eliminate individuals
holding or responding in positions within the service while
adhering to due process.
5. To investigate police discrepancies and unevenness, as well as
to supervise police entrance exams.
Model Police Act
• A Committee set up by Ministry of Home Affairs in
September, 2005 submitted a draft Model Police Act on 30th
October, 2006.
• A copy of the draft Model Police Act as framed by the
Committee was sent to States for consideration and
appropriate action vide Home Secretary’s D.O. letter dated
31st October, 2006.
The salient features of Model Police Act are as follows:
• The Model Act emphasized the need to have a professional
police ‘service’ in a democratic society, which is efficient,
effective, responsive to the needs of the people and
accountable to the Rule of Law.
• The Act provided for social responsibilities of the police and
emphasizes that the police would be governed by the
principles of impartiality and human rights norms, with special
attention to protection of weaker sections including minorities
(preamble to the Act).
The other salient features of Model Act include:
1.Functional autonomy:
• While recognizing that the police is an agency of the State and
therefore accountable to the elected political executive, the
Committee has specifically outlined the role of
Superintendence of the State Government over the police.
(Section 39).
• The Model Police Act suggested creation of a State Police
Board (Sections 42-50) to frame broad policy guidelines for
promoting efficient, responsive and accountable policing etc.
• Merit-based selection and appointment of the Director
General of Police, ensuring security of tenures (Section
6), setting up of Establishment Committees (Section 53)
to accept and examine complaints from police officers
about being subjected to illegal orders, to recommend
names of suitable officers to State Government for
posting to all positions in the ranks of Assistant/ Deputy
Superintendents and above in the police organisation in
the State excluding the DGP etc.
2. Encouraging professionalism: To ensure an efficient,
responsive and professional police service, the Model Act
sought earmarking dedicated staff for crime investigation;
and distinct cadre for Civil police ,Armed Police (Chapter
III & IV).
3.Accountability paramount: the Act prioritised police
accountability, both for their performance and their conduct
(Chapter V & Chapter XIII).
4.Improved service conditions:
• The Act also aimed to provide better service conditions
(Chapter XIV) to the police personnel including rationalising
their working hours, one day off in each week, or
compensatory benefits in lieu.
• It suggested creation of a Police Welfare Bureau to take care,
inter alia, of health care, housing, and legal facilities for police
personnel as well as financial security for the next of kin of
those dying in service.
• It further mandates the government to provide insurance cover
to all officers, and special allowances to officers posted in
special wings commensurate with the risk involved.
• “Public Order” and “Police” are “State subjects” falling in
Entry 1&2 of List-II of the Seventh Schedule of the
Constitution of India.
• It is the State Governments/UT Administrations, which have to
implement the various police reforms measures.
• The Centre persuades the States from time to time to bring the
requisite reforms in the Police administration to meet the
expectations of the people.
• This was stated by the Minister of State for Home Affairs, Shri
Haribhai Parathibhai Chaudhary in a written reply to a
question by Shri Kiranmay Nanda in the Rajya Sabha today.

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Fundementals of policing.pptx(forensicsss...

  • 3. • The word ‘police’ is derived from Greek word politeia or its Latin equivalent politia meaning ‘State’ or ‘administration’. According to Ernest Fround, police functions generally relate to promoting public welfare by restraining and regulating the use of property and liberty of person. • Present day police is an important functionary of criminal justice system in India. Primary role it has been playing since times immemorial is of order maintenance.
  • 4. • Though with the advent of codified laws and regulations, the nature and specificity of their roles are undergoing vast changes where one can see its movement towards service style of policing though retaining its traditional role of order maintenance. • With the system which existed in Mughals era (16th and 19th)somewhat retained during imperial rule of British in India where first time police as an organized structure emerged after the enactment of Police Act 1861. • Nevertheless it was seen as mere tool of then government for keeping control over people and mere protecting the imperial interest of the British rulers of that time.
  • 5. • India being an important trade market for them thus the concern of collecting revenues, keeping the trade route safe was of consideration only, nowhere mandate of serving the common man was ever into consideration. • Since changing time, globally when democratic policing and Peel’s concept of policing became popularized, India still was having a police to mere fulfill the imperial interest.
  • 7. The Ancient history of India and the police force: • There are references to the existence of police system in Mahabharata and Ramayana. • The renowned person in his writings emphasized the need of police force for maintenance of law and order. • The ancient history of India further reveals that there was a well-organized police force during the reigns of ancient Hindu rulers.
  • 8. The Gupta Dynasty: • The Gupta Dynasty(4th – 6th) of ancient India was known for its excellent law and order situation through a well organized system of police. • “Mahadandadhikari” was the chief of police force who was subordinated by various subordinates called “Dandadhikari”. • Deterrent punishment kept the law and order under control. There were separate branches of detectives working under police establishment called the “Guptachars”.
  • 9. • The work of Koutilya, “The Arthashastra” which describes that the law and order were maintained through threat of punishment like mutilation of limbs and death penalty. • The responsibility of law and order maintenance was entrusted upon the village headman who was assisted by village watchman. • Besides keeping watch over the law and order situation in village, these watchmen were suppose to report to the headman, the arrival and departure of all strangers and suspicious persons.
  • 10. The Mughal Era: • A more elaborate and formal policing system was established by the Mughals during their long reign lasting three centuries. There are various texts which mentions that there was a change in scenario with the advent of Turk and Mughal rule in India.War was common in those times. • Right from the invasion of Mahamood Ghaznavi to the exile of Bhahudur Shah Zafar, India remained under the dominance of Mughals or Turks. • Their main objective being their dominance in the country through centralized military administration, in such circumstances there was hardly any need of police organization.
  • 11. • However they maintained the policing activities with the help of military personnel’s. The origin of police system in India can be traced back to what existed during the Mughal era in seventeenth century.
  • 12. The British era: • The enactment of legal codes was initiated in 1609 when Captain Hawkins, trader for East India Company landed at Surat, it is believed British first came to India. • Eventually almost after more than a century the Company began to play a role in the processes of government. British came with intent to compete for the trading concessions, to lay down its commercial establishments, and to strive for favors at the courts of then rulers including Mughals. • It is believed that the interloping British possessed sufficient force of defeat local rulers; though they required stability, nevertheless they were competent enough to provide the same for themselves.
  • 13. • So the British began to move into the empty space created by the gradual dissolution of the Mughals Empire. • For the better understanding of this era we may divide subsequent history in following way:- 1. 1757 to 1858, Battle of Plassey to Government of India Act. 2. 1858 to 1947, Government of India Act to independence.
  • 14. The Revolt of 1857: • It is the conscious beginning of independence struggle against colonial rule of British. The mutiny broke out in 1857, shocking the British into full realization of the responsibilities of imperial domination in such a vast territory. • Subsequently, the Government of India Act was passed in 1858, which abolished the proud Company and transferred the governance of India to the Queen in Parliament.
  • 15. • Subsequently the legal codes were enacted: The Code of Civil Procedure, The Indian Penal Code in 1860, Indian Police Act in 1861 and the Code of Criminal Procedure in 1973. • Finally in 1860 A Police Commission was appointed for the purpose studying then police needs of country and government as a result of deliberations held by this commission the Police Act of 1861 came into being.
  • 16. The Police Commission of 1860: Under the Commission, the following were the main principles of organization of police:- 1. Elimination of military police and thereby establishment of a civil constabulary: 2. Separate administrative civil police establishment in each province, headed by IGP – Inspector General of Police (The post of IGP was not established in Bombay presidency until 1885). 3. The IGP was made responsible to the provincial government and Superintendent was made responsible to civilian collector. 4. The work of Superintendent was to supervise the village police.
  • 17. • These principles of the Police Act were neither revolutionary nor novel. They were mere extension to arrangements already found useful in several areas. • The daroga(chief officer), for example didn’t disappear, he became the sub-inspector of police. • With no doubt one can say there were few questions behind such principles, like what should be the relation between imperial and rural police and how should imperial police administration are coordinated with other functions of imperial authority.
  • 19. Hierarchy, Ranks and Files • Police officers are civil servants empowered to implement the law, ensuring public peace through the regulated use of force, and they also play a pivotal role in running and supporting the country's judicial system.
  • 20. • According to the 7th Schedule of the Indian constitution, law and order is a state subject. Based on that, the hierarchy and terminology of police officers vary from state to state. • Some states employ the police commissioner system, while others use the traditional directorate system. The conventional hierarchy of the state police force and the insignia of their rank in India are:
  • 21. • Any organization in which someone has authority over someone else is a hierarchy. Most organizations are hierarchial in some respect or the other, some are more hierarchial than the others. The elements of hierarchy are; 1. Superior – subordinate 2. Rights and responsibilities to command. 3. Rights and responsibilities to make decisions and take actions. 4. If superior has the power to command subordinate, it follows that the superior has the rights as well as responsibilities to command the subordinates and also the right to make decisions and take actions .
  • 22. • Director general of police (DGP) • Additional director general of police (ADGP) • Inspector general of police (IGP) • Deputy inspector general of police (DIG) • Senior superintendent of police (SSP) • Superintendent of police (SP) • Additional superintendent of police (ASP) • Deputy superintendent of police (DSP) • Inspector • Sub-inspector (SI) • Assistant sub inspector (ASI) • Head constable (HC) • Police constable
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  • 25. • Director general of police (DGP): Crossed sword, baton and state emblem. • Additional director general of police (ADGP): Crossed sword, baton and state emblem. • Inspector general of police (IGP): Crossed sword, baton and one star. • Deputy inspector general of police (DIG): State emblem and three stars. • Senior superintendent of police (SSP): State emblem and two stars. • Superintendent of police (SP): State emblem and one star.
  • 26. • Additional superintendent of police (ASP): State emblem • Deputy superintendent of police (DSP): Three stars • Inspector: Three stars and a ribbon ½" in width, half red and half blue, worn horizontally, red colour facing the stars • Sub-inspector (SI): Two stars and a ribbon ½" in width, half red and half blue, worn horizontally, red colour facing the stars • Assistant sub inspector (ASI): One star and a ribbon ½" in width, half red and half blue, worn horizontally, red colour facing the stars.
  • 27. • Head constable: Three stripes on the upper part of the arm sleeve • Police constable: Police constables do not have any insignia.
  • 28. 1. Director general of police • Salary: The salary of DGP is ₹2,25,000 per month plus allowances. • Primary duties: The DGP is the head of the police department. They advise the government in police force administration and make rules and orders under police acts. They are the central authority to direct actions important to control widespread strikes, movements of people, protests or political movements.
  • 29. 2. Additional director general of police • Salary: The initial salary of ADGP is ₹2,05,400 per month plus allowances. • Primary duties: The ADGP assists the DGP and takes over their responsibilities in their absence. They advise the DGP in the matter of crime, management, law and order, technical and specialised services in the department. The state government defines the functions, powers and responsibilities of the ADGP based on the standard rules. They inspect all the units under their charge.
  • 30. 3. Inspector general of police • Salary: The initial salary of the IGP is ₹1,44,200 per month plus allowances. • Primary duties: The IGP works in ranges or units and supports the DGP or ADGP. They assist DGP and ADGP in administrative matters that come within the purview of the department units under their charge. The IGP can practice all the financial and administrative powers entitled to the department head. They inspect all the units under their charge as per the instructions of the DGP.
  • 31. 4. Deputy inspector general of police • Salary: A DIG earns ₹1,31,100 per month plus other allowances as their initial salary. • Primary duties: While the IGP is in charge of the zone, the range is under the charge of the DIG. In this case, the responsibilities of the DIG are similar to the IGP. If the DIG is in charge of special units, they can assist the DGP, ADGP or IGP in matters which come under the range of their jurisdiction.
  • 32. 5. Superintendent of police • Salary: The SP gets ₹78,800 per month plus allowances as their initial salary. • Primary duties: The SP fully oversees the administration of police throughout a district. They maintain cooperative relations with the magistracy and other officials and non- officials. They are essentially responsible for collecting information and taking appropriate action to maintain security at a local level. The SP maintains a diary, which includes the details of all of their movements and duties they perform, either routine or otherwise.
  • 33. 6. Additional superintendent of police • Salary: The starting salary of the ASP is ₹67,700 per month plus allowances. • Primary duties: The ASP assists the SP. In some cases, the standing orders by DGP with government approval define the duties, responsibilities and powers of the ASP. They usually work under the guidance of the SP. 7. Deputy superintendent of police • Salary: The initial salary of the DSP is ₹56,100 per month plus allowances. • Primary duties: The DSP works under the guidance and supervision of the SP. The DSP visits crime scenes and oversees their investigation. They also instruct the inspectors and the sub-inspectors to assist in the investigations. Maintaining the daily diary, including details of the movements and duties they perform is an important part of their job. They usually send the weekly report to the SP and the range DIG.
  • 34. 8. Inspector • Salary: An inspector earns ₹44,900 plus allowances as their initial salary. • Primary duties: The prime responsibilities of the inspectors are investigating cases and overseeing the functioning of their stations. They maintain discipline among police administration under their charge and update the SP and DSP about the situation of law and order and the status of their circle. They thoroughly inspect the police stations of their circle once a year.
  • 35. 9. Sub-inspector • Salary: The initial salary of an SI is ₹35,400 plus allowances. • Primary duties: The SI is responsible for preventing crimes, maintaining peace, arrest suspicious characters, investigating crimes and executing assigned orders by seniors. They are in charge of a police station and oversee the police administration under their charge. It is their responsibility to maintain the decorum of the police station and to make the police station accessible. Sub- inspectors also assign duties to their junior staff and oversee their performance. They are the lowest-ranking officials empowered to file a charge sheet in court.
  • 36. 10. Head constable • Salary: The starting salary of a head constable is ₹25,500 plus allowances. • Primary duties: Head constables are in charge of general duty in police stations, as station writer, officer-in-charge of outposts and guards and armed reserves. They work with constables and assist them in understanding the instructions and perform the duties assigned by the SI. Head constables assist the team leader during case investigations and help in collecting evidence. When SI is absent, head constables allot duties to police constables.
  • 37. 11. Police constable • Salary: The starting salary of a police constable is ₹21,700 plus allowances. • Primary duties: The police constables are the most accessible and the first person to interact with the public. They are responsible for protecting the needy, arrest offenders, saving people from danger, and providing immediate public help. Some of their important duties are securing the community, stopping peace infringement, actively preventing and detecting crimes and maintaining law and order. The constables make efforts to save people and properties and do their assigned duties in gatherings, fairs, protests, elections and security duties.
  • 38. • Badges for ranks: The Indian Police Service (IPS) uses insignia on its shoulder flashes which are similar to those used by the Indian Army. Since Police Inspectors and officers below this rank are recruited by states individually, the insignias vary slightly though the rank structure is the same. For example, Maharashtra Police constables use Yellow Epaulet on blue background for Constable Ranks while Tamil Nadu Police uses Black Chevrons on red background on right sleeve.
  • 39. Police Power and Authority (The Police Act 1861) • The police have powers that ordinary citizens do not have. For example, a police officer may ask to see a person’s identity documents while conducting drink-driving checks. Officers may also break certain traffic rules if they need to. The police are allowed to use force if necessary. Independent or authorised use of powers • Police powers are governed by strict rules. A police officer is entitled to exercise some powers independently, for instance making an arrest or using a siren in traffic.
  • 40. • More far-reaching police powers can only be used after authorisation has been obtained from the public prosecutor or an examining magistrate. • These include phone tapping, surveillance and home searches. Use of force • The police are one of the few authorities entitled to use force, although many rules and conditions apply. For instance, police officers can use force only as a last resort, and the force used must be no more than is necessary.
  • 41. Exemption from traffic rules • The police are entitled to breach traffic rules if this is necessary for the performance of their duties, as they are exempted from most of the articles of the Traffic Rules and Signs Regulations 1990. This means that officers are permitted to: • drive through red lights • use the hard shoulder • exceed the speed limit • drive on the wrong side of the road.
  • 42. Investigative powers while in plain clothes • The police have investigative powers that they can use at any time of day or night. This means that police officers can exercise their police powers while off duty, even when in plain clothes (if not in uniform). • Police officers in plain clothes are obliged to provide proof of their identity without having to be asked. If someone wearing ordinary clothing says that they are a police officer, they must show you their police identification card without being asked. Police officers in uniform only have to show proof of identity if you ask them to.
  • 43. Definition of police authority • The police authority is the power vested in police officers and the police as an institution to enforce criminal law and preserve the public peace. Policing is a mandate of states, which is supposed to ensure that the health, safety, morals, and welfare of the inhabitants of a particular state in the United States are sustained for the benefit of everyone. • Through laws, states allow their police divisions to accomplish their missions of ensuring the safety, order, and peace of everyone prevails.
  • 44. • The authority of police emerged from common law, where order prevails when people can use their rights, belongings, resources, and opportunities without hurting or preventing others from doing the same. • Police authority varies according to the state where it is applied. For example, police professionals serving in the New York Police Department cannot exercise their authority in the Los Angeles Police Department, unless there are joint programs being carried out by the policing institutions of the two states.
  • 45. • In many states, police professionals have the permission to exercise authority to investigate criminal offenses that occur anywhere within a particular state. • They serve as the overall power to stop illegal activities and must accomplish their mandate of investigation using all the resources available to them. • The police authority to search and arrest is possible without a warrant when there is probable cause for making a lawful arrest.
  • 46. • The police authority to arrest refers to the lawful seizure of one person by a police officer or a law enforcement officer under circumstances that are permitted by the law.
  • 47. Span of control • In Public Administration, span of control refers to the number of subordinates whom an officer can effectively control. • It also means the number of subordinates an officer can direct. It may be also said, that the span of control means, simply, the number of subordinates or the units of work that an administrator can a personally direct. • The origin of the span of control terminology is attributed to British General Sir Ian Standish Monteith Hamilton (1853‐1947).
  • 48. Importance of span of control • The problem of span of control is a natural extension of the principle of hierarchy system. • As we know earlier, hierarchial organization involves a number of tiers or steps one above the other in an organization, each step being headed by a single person. • How many such levels an organization should have depends upon the total number of employees at the bottom to be supervised and the number of subordinates each superior officer can effectively supervise.
  • 49. • This shows that there is a close relationship between hierarchy and span of control. • If a superior officer is expected to control a large number of persons than he can actually control, the result is delay and inefficiency. The quality of the work of an organization depends upon effective control and supervision. • Hence, there is a strong need for the principle of span of control. No organization can ignore it. If the exceeds the capacity of an individual. it results in the breakdown of the organization.
  • 50. 1 Inspector General of Police | 6 Deputy Inspectors General of Police | 32 Superintendents of police | 160 Deputy Superintendents of Police | 800 Inspectors of Police | 4000 Sub-inspectors | 20,000 Constables (distributed in groups of 5 among 4.000 police .. stations each under a sub-inspector)
  • 51. Unity of Command • Unity of command is a classic principle of management that is used in many hierarchical organizations, such as the military, government agencies, and corporations. • Unity of command holds that an employee should only be answerable to one person. In other words Unity of command provides that an employee is responsible to only one supervisor, who in turn is responsible to only one supervisor, and so on up the organizational hierarchy. This is true even if the top of the organization is led by a group of people.
  • 52. • This principle states that an individual should get orders from a single superior so that he does not get confused and can discharge his duties effectively. • Police organizations, like all organizations, rely on distinctive structural forms and management processes to maintain accountability. • Characteristically, their structures are centralized with functionally defined bureaus, and their management processes emphasize preservice training and elaborate command and control mechanisms.
  • 53. • In many respects, police organizations have typified the classical command and control organization that emphasizes top-level decision making: flow of orders from executives down to line personnel, flow of information up from line personnel to executives, layers of dense supervision, unity of command, elaborate rules and regulations, elimination of discretion, and simplification of work tasks.
  • 54. Recruitment and Training • Recruitment to the state police is done generally at three levels - Constable, Sub-Inspector/Asst. Sub Inspector and Deputy Superintendent of Police. • In addition, there is recruitment to the IPS at the level of Assistant Superintendent of Police. Since Police Constable is the lowest rank in the force, recruitment to this rank is done directly. For the other ranks, vacancies are filled either by direct recruitment or by promotion.
  • 55. Educational Qualifications: • For recruitment to the rank of Constable, most states have prescribed High School as the minimum educational qualification, though in some states like Bihar, Nagaland and Tripura, even primary or middle class passes as the minimum standard of qualification. • The Committee on Police Training (1973) had recommended the High School examination or its equivalent to be the minimum qualification for recruitment to the rank of constable both in the civil and armed branches. The National Police Commission (NPC), 1980 had endorsed this recommendation.
  • 56. • However it is evident that some states have not implemented these recommendations. The minimum educational qualification for recruitment to the level of Sub-Inspector and Dy. SP is generally graduation in many states, except in the states of Andhra Pradesh, Arunachal Pradesh, Sikkim and Tripura.
  • 57. Age Limit: • The National Police Commission (NPC) had recommended that the minimum age for a constable’s recruitment should be 17 years and the maximum 21 years. These recommendations too have not been implemented in most states. • The minimum age limit is 18 years in almost all the states and the upper age limit for general category candidates ranges from 20 to 27 years. • There is considerable variation in states about the age prescribed for recruitment to Sub-Inspectors.
  • 58. Physical Standards: • There are variations in physical standards prescribed for recruitment. • Generally for Constables, the minimum height is in the range of 165cm (5’ 5’’) to 170.18cm (5’ 7’’), with relaxation of 2 cm for persons belonging to hilly and tribal areas. • The minimum chest measurement is generally 78.70 cm (31’’) unexpanded and 86.3cm (34’’) expanded.
  • 59. Process of Recruitment: • Constables are recruited on a district/battalion basis. Recruitment is generally made by a Board presided over by the District SP or the Commandant of an armed police battalion. • In some states such as Rajasthan and Tamilnadu, the selection board is headed by an officer of the rank of a DIG or IG. • The selection process involves physical measurement, efficiency test, written examination, interview, medical examination and police verification.
  • 60. • Usually the State Public Service Commission centrally recruits Sub-Inspectors. • The procedure involves passing a physical efficiency test and a written examination followed by a mental ability test and an interview. • Recruitment to the post of Deputy Superintendent of Police is made through a written examination followed by an interview. • The Commission prepares a list of candidates in order of merit as determined on the basis of marks obtained and sends it to the government.
  • 61. • Recruitment to the Indian Police Service is done on the basis of a combined examination conducted by the Union Public Service Commission for all India and other allied services. • A preliminary test is first conducted, which results in weeding out a large number of candidates. • Those who qualify are allowed to appear in the main examination. The successful candidates are then put through a personality test at the time of interview. • A final list is prepared on the basis of performance in the main examination and in the interview.
  • 62. • Recruitment of Sub-Inspectors and Dy. SP is done both by direct recruitment and by promotion. • The quota for direct recruitment again differs from state to state, but generally it is 50%. Direct recruitment to the IPS is done only to the extent of 66 & 2/3% of the cadre strength and 33 & 1/3% of the posts are filled by promotion of officers from the State Police Service cadre.
  • 63. Training: • Most states have their police training colleges or academies that impart training to directly recruited Sub-Inspectors and Deputy Superintendents of Police and training schools for the training of constabulary. • In addition, most central police organizations have established their own training institutions, which organize not only basic training for their officers but also specialized courses for them and for others. • There are three Central Detective Training Schools under the Bureau of Police Research and Development, which organize special courses to train investigating officers in advanced scientific methods of investigating crimes.
  • 64. • The National Institute of Criminology and Forensic Science under the Ministry of Home Affairs, Government of India runs training courses not only for police and forensic science personnel, but also for officers from other agencies of the criminal justice system. Four types of training courses are organized by police training institutions. These include: 1. Basic induction level courses for fresh recruits. 2. Pre-promotion in-service courses for those about to be promoted. 3. Refresher courses. 4. Specialized courses (CHRI Report).
  • 65. • The Government of India constituted the Committee on Police Training on November 10, 1971. This body also came to be known as the Gore Committee on Police Training, as Professor M.S. Gore, a famous Indian social scientist and former Director of the Tata Institute of Social Sciences Bombay, was its chairman. • In addition, Mr. M.M.L. Hooja, the former Director of the Intelligence Bureau, was Vice Chairman, along with nine members, including eminent police officers, academicians and bureaucrats.
  • 66. • Its Member Secretary was Dr. A. Gupta, the first Director of the Bureau of Police Research and Development, Ministry of Home Affairs, Government of India. • The recommendations made by the Committee covered a broad range of issues involving the need to: 1. impart necessary knowledge and skills 2. create the right attitudes 3. generate effective decision making ability 4. stimulate critical and innovative thinking
  • 67. • The main thrust of the Committee's recommendations was towards enlarging the content of police training from law and order and crime prevention to a greater sensitivity and understanding of human behaviour, and imbibing of communication skills and development of attitudes that promote service oriented activities.
  • 68. The Police Act 1861: • This Act applied to all the parts of British India except Bombay and Madras, since these two provinces had police acts almost similar to the Central Act (Indian Police Commission, 1902-1903. • It is believed to be the very first Act which made an effort to organize Indian Police, thereby making it more effective instrument for the detection and prevention of crime in accordance with the preamble of the Act. • Certain Provisions relating to public nuisances, like controlling of traffic, prevention of cruelty to animals and health hazards etc were incorporated in the Act (Sec 21, 24 and 30 of the Police Act 1861).
  • 69. • The Police Act was like a legal backbone of the police system. • Apart from stipulating the organizational structure and hierarchy of the police force, it clearly mentioned that ‘the entire police force established under a State Government shall, for the purpose of this Act, be deemed to be one police force (Article 2 of the Police Act 1861), meaning thereby that the police would be organized at the levels of states or provinces. • It clearly reflected that the very framework or the mindset, with which the Act was stipulated, had only the element of order maintenance, crime control and surveillance. Nowhere was it felt that there was the need of involving community in policing in any way.
  • 70. • IPC evidently prioritized any resistance against politics as a serious offence. • Article 4 of the Act states that ‘the administration of the police throughout the province shall be vested in the IGP, assisted by the Deputy Inspector General of Police and the Superintendant of Police (SP). • As it explicitly stated, the organization of police, and thereby recognition of higher organization, and the crucial aspect of investing of all administrative powers in this part of the organization placing the centre of the command, control and decision making at the top which was indeed staffed by only the British officers.
  • 71. • Till 1921, no Indian was permitted to serve in this commanding position, though Indians in large numbers constituted the lower ranks of the police, and small number of Indian were employed in some supervisory positions. • However, the key positions like IGP, DIG, and SP of the districts were sole preserve of the British officers. • Though, Police Commission of 1860 had seen no reason for the creation of separate detective/intelligence branch, the setting up of the Indian National Congress 1885 at the time of growing communal tension and anti-colonial opposition, led to the formation of intelligence agency for collection of political, social movements and organized crime.
  • 72. • The Madras police in 1888 set up a special branch with wide ranging duties. Also several attempts were made to regularize recruitment, payment and duties of the village police, beginning with the Village Chowkidari Act of 1870. • Eventually the power of the panchayats was gradually shifted to superintendent and the district magistrate.
  • 73. • In 1902 Lord Curzon, Viceroy of India, set up a new police Commission, it found loads of criticism in then existing police system. • It strongly endorsed the organizational principles discussed in 1861. • The stinging judgments of police commission of 1902 actually hide several remarkable accomplishments. • Establishment of “Chemical Examiners’ Department of the Punjab, and later on other provinces was the precursor of modern forensic science laboratories. Finally the fingerprint technology also developed in India by an IGP in Bengal, Sir Edward Henry.
  • 75. Police reforms National Police Commission recommendations (NPC) • The National Police Commission, was established in 1977. It has been the most significant attempt to change India's police system. • On November 15, 1977, the National Police Commission India was formed with an aim to improve the role and duties of the police. On November 26, 1977, Shri C.V. Narasimhan took over as Member Secretary of the Commission. Its goal was to investigate police issues and develop a thorough national review of the police system. The commission’s terms of the rules and regulations were exceptional, touching on most facets of police enforcement.
  • 76. Reports of NPC First Report • The first report of the national police commission covers Complaints about police officers. • Any setup for reporting concerns against police must be deemed fair by the police and the public administration. • As a result, the Commission proposed provisions that included investigations undertaken by departmental officials, including the services of an independent jurisdiction outside of the police.
  • 77. • In addition, the Commission recommended mandatory judicial inquiry for some severe complaints and allegations of police officials, including: • death or severe hurt to a person in police custody. • rape of a woman in the police custody • death of more than two individuals due to police firing with dispersing of unlawful gatherings and assemblies.
  • 78. Second Report • The Appointment of the Criminal Justice Commission is discussed in the Second Report. • As per the NPC, the officers cannot accomplish successful results in their work until all wings of the criminal justice system work effectively at the same time. • As a result, it is necessary to establish a body that would exhaustively evaluate the progress of all departments and implement remedial steps as needed.
  • 79. • The report discusses welfare measures for police families, police roles, duties, powers and responsibilities, maintenance of crime records and statistics, political interventions, transfer and suspension orders, and chief police selections. Third Report • The third report makes recommendations for the police concerning the weaker sections of society. • The NPC has suggested that a special investigation department be established in the police force to track the performance of investigations into cases under the Protection of Civil Rights Act and other atrocities against Tribes and Scheduled Caste in this report.
  • 80. • This report discuss about police and weaker sections, village police, corruption in police, economic offences, modernisation of police, writing work in police. • The two integral points under this report are: 1. Prevention of the possible breaching of public peace and law resulting from the no-action against the alleged complaint about any non-cognizable offence. 2. To provide adequate protection to the people of a weaker section from injustice and exploitation.
  • 81. Fourth Report • The National Police Commission’s fourth report includes the FIR registration, even if the crime has taken place outside the respective jurisdiction or not. • If required, the FIR reports can further be transferred to the concerned police station. • It is necessary to report the statements of the witnesses and use them as a mandatory record in any investigation.
  • 82. • Returning the stolen property to the victims and empowerment to investigate the simplified cases in the form of compound cases have a special mention in the fourth report of NPC • In the fourth report of the NPC, the intimation for arrest, attendance of a witness, controlled regulations for using third- degree methods, investigation, court trial, prosecuting agency, industrial disputes, special legislations, prohibition and regular court inspections are the primary notified aspects.
  • 83. Fifth Report • This report declares that the recruitment of police officers including constables, to the officers of the Indian Police Services (IPS), must comprise a two-level procedure. 1. In the recruitment process, the psychological testing of the candidates is mandatory at each level. 2. In addition to this, the regular evaluation of the physical training of the selected candidates is necessary.
  • 84. • The report also states that the role and responsibilities of the district magistrate as a chief coordinating authority is to control and direct each activity of police activity in the specific jurisdiction. • The reinforcement and inclusion of women’s police authorities in a complex investigation are mentioned in the fifth report of NPC. • The fifth report also mentions mandatory transparency in all the police activities except certain secret operations and judicial requirements, recruitment process, training, code of behaviour for police officers, police-public relations.
  • 85. Sixth Report • The National Police Commission of India’s sixth report mentions assessing officers’ promotion in constant intervals and establishing IPS cadres in paramilitary and other associated organizations. • It also mentions prior reservations for minorities and weaker sections in the police force to strengthen their position in society. • This report includes police leadership, training and career developmet of IPS, police and students, communal riots, urban policing.
  • 86. Seventh Report • The seventh report mentions the standards and norms of the police station regarding its jurisdiction. • The report also mentions the establishment of the Central police Committee, enactment of regulatory laws for armed police forces, and structuring all Indian Police institutes, organisation and structure of police, state armed police and district armed reserve, delegation of financial powers of police, traffic regulation, ministerial staff and administrative work in police department.
  • 87. Eighth Report • The final report mentions the accountability of the police officials and the withdrawal of protection under specific acts. It elaborates the enactment of the model police act and detailed guidelines for the police to meet requirements.
  • 88. Functions and Responsibilities of National Police Commission (NPC) • The following are the powers and functions of the National Police Service Commission: 1. Recruiting and appointing people to hold or act in positions in the police force. 2. Verify appointments and make decisions about transfers and promotions within the NPC. 3. Undertake any other duties mandated by national legislation. 4. Maintain disciplinary control and eliminate individuals holding or responding in positions within the service while adhering to due process. 5. To investigate police discrepancies and unevenness, as well as to supervise police entrance exams.
  • 89. Model Police Act • A Committee set up by Ministry of Home Affairs in September, 2005 submitted a draft Model Police Act on 30th October, 2006. • A copy of the draft Model Police Act as framed by the Committee was sent to States for consideration and appropriate action vide Home Secretary’s D.O. letter dated 31st October, 2006.
  • 90. The salient features of Model Police Act are as follows: • The Model Act emphasized the need to have a professional police ‘service’ in a democratic society, which is efficient, effective, responsive to the needs of the people and accountable to the Rule of Law. • The Act provided for social responsibilities of the police and emphasizes that the police would be governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections including minorities (preamble to the Act).
  • 91. The other salient features of Model Act include: 1.Functional autonomy: • While recognizing that the police is an agency of the State and therefore accountable to the elected political executive, the Committee has specifically outlined the role of Superintendence of the State Government over the police. (Section 39). • The Model Police Act suggested creation of a State Police Board (Sections 42-50) to frame broad policy guidelines for promoting efficient, responsive and accountable policing etc.
  • 92. • Merit-based selection and appointment of the Director General of Police, ensuring security of tenures (Section 6), setting up of Establishment Committees (Section 53) to accept and examine complaints from police officers about being subjected to illegal orders, to recommend names of suitable officers to State Government for posting to all positions in the ranks of Assistant/ Deputy Superintendents and above in the police organisation in the State excluding the DGP etc.
  • 93. 2. Encouraging professionalism: To ensure an efficient, responsive and professional police service, the Model Act sought earmarking dedicated staff for crime investigation; and distinct cadre for Civil police ,Armed Police (Chapter III & IV). 3.Accountability paramount: the Act prioritised police accountability, both for their performance and their conduct (Chapter V & Chapter XIII).
  • 94. 4.Improved service conditions: • The Act also aimed to provide better service conditions (Chapter XIV) to the police personnel including rationalising their working hours, one day off in each week, or compensatory benefits in lieu. • It suggested creation of a Police Welfare Bureau to take care, inter alia, of health care, housing, and legal facilities for police personnel as well as financial security for the next of kin of those dying in service. • It further mandates the government to provide insurance cover to all officers, and special allowances to officers posted in special wings commensurate with the risk involved.
  • 95. • “Public Order” and “Police” are “State subjects” falling in Entry 1&2 of List-II of the Seventh Schedule of the Constitution of India. • It is the State Governments/UT Administrations, which have to implement the various police reforms measures. • The Centre persuades the States from time to time to bring the requisite reforms in the Police administration to meet the expectations of the people. • This was stated by the Minister of State for Home Affairs, Shri Haribhai Parathibhai Chaudhary in a written reply to a question by Shri Kiranmay Nanda in the Rajya Sabha today.